How to Handle Experience Letters for Employees Terminated Due to Misconduct?

Dear All,

I want to know some details. I, as an employer, have found one employee to be insincere at work, displaying irregularities and misconduct towards senior staff. I was explaining the situation to him, but he walked off, stating that he did not want to continue the job and left the office.

A couple of hours later, he returned and started demanding his overdue salary for the past month and the current 4-5 days, along with an experience letter and a relieving letter.

As per his appointment letter from 8 months ago, he is required to serve a one-month notice period, or I can terminate him with 7 days' salary in lieu of notice.

Should an experience letter be provided in the case of termination due to misconduct?

Thank you.

Dear Cursivetech,

Yes, we should issue an experience certificate to the person who is being terminated from our company. He has worked for us for the past years, so we cannot deny him his experience certificate, even though he is being terminated due to misconduct.

Thank you.

Dear cursivetech,

As a good HR professional for a company, especially when an employee is causing issues or creating hurdles for management, I handle the situation in the following manner:

1. Firstly, I choose not to entertain any negative words from the employee.

2. Secondly, I assign additional workloads to the employee, which naturally leads to their struggle.

3. Thirdly, I request the completion of reports or tasks previously assigned. If the employee fails to deliver, it serves my purpose.

4. Subsequently, I issue a formal notice to the employee and request a written response.

5. Following this, I may proceed with a second notice or a warning letter. By creating a sense of frustration and mental pressure, the employee is more likely to make further mistakes.

6. This strategic approach involves reducing the employee's salary through fines due to their incompetence or inability to handle assigned tasks, resulting in losses for the company. Ultimately, this may lead the employee to resign voluntarily or facilitate a legal termination without compensation. Such actions serve as a moral lesson for those engaging in irregularities and misconduct.

Regards,

A.R. Pasanth Lal

HR Manager

Email: bansi_hr@yahoo.co.in

Hi all,

I wanted to ask if an employee resigns from his/her position and serves notice, but the employer relieves the employee before the end of the notice period, committing to payment within 2-3 days. However, after that, the employer refuses to pay the dues, citing that the employee did not complete the notice period. In this case, can the employee file a complaint in the labor court?

Regards,
SS

Lucky. Getting rid of an employee at his own instance rather than terminating his services. Termination of service is not as simple as you have to prove his non-sincerity, irregularity in work, misbehavior, apart from chances given to him for improving. In the organization's interest and as good management, you may proceed as under:

i) Ask the employee to submit a resignation letter requesting therein a waiver of the notice period. Advise him that the submission of resignation is better than termination of services as termination will negate his future prospects in other organizations.

ii) Accept his resignation and request a waiver of the notice period. Pay him all his dues.

iii) Issue him a relieving cum experience letter. However, in the resignation letter, if you think so, you can only specify the period and position on which the employee has worked without any mention of his work and conduct.

TR Chhabria

Dear Sir,

If you terminate an employee from their position, you must also pay their salary as per the rule requiring one month's notice for both parties. If an employee resigns, they should provide a one-month notice period. However, in this situation, you are obligated to provide the full payment due and an experience certificate as this is your decision.

If you decide not to retain a staff member, you must make this determination within three months from their date of joining, known as the probation period. Otherwise, they automatically become a confirmed staff member, and you must fulfill all payment obligations.

This response is based solely on my work experience.

Regards,
Abdul Rahim

Dear Mr. A.R. Pasanth Lal,

I think that you have an old-year mindset, which resembles that of a company's boss or proprietor. I must say that you may not make a good HR manager, as HR responsibility involves not only handling such situations but also retaining good employees in your company. Implementing such policies could erode trust within your company and potentially lead to non-cooperation issues within your team. There may come a day when your replacement takes over your role, and you might face similar treatment as you described in your comment.

It would be advisable to reconsider your approach and establish a policy of a 3-month probation period to evaluate any new employee. This way, you can assess their suitability, and if they are not a good fit, you can inform them and provide a probation release letter. There is no need for office politics or power plays; it is essential to maintain a harmonious work environment.

I apologize if any of my words come across unfavorably. My response is based solely on my personal experiences.

Regards,
Abdul Rahim

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Dear cursivetech,

As a responsible HR professional for a company (especially when an employee causes disruptions or obstacles for management), I handle such situations as follows:

1. Initially, I refrain from entertaining any excuses or explanations from the employee.
2. I increase their workload to create a challenging environment for them.
3. I request reports or results that were assigned to them, knowing they may struggle to deliver.
4. Subsequently, I issue a notice regarding their performance and request a written statement in response.
5. If the issues persist, I escalate by issuing a second notice or a warning letter, aiming to discourage further mistakes.
6. Continuously, I implement salary deductions and issue notices highlighting their incapacity to handle their tasks, attributing it to potential losses for the company. This strategic approach often leads the employee to resign voluntarily or facilitates legal termination without severance pay. This serves as a moral lesson for individuals displaying irregularities or misconduct in the workplace.

Best regards,

A.R. Pasanth Lal
HR Manager
Email: bansi_hr@yahoo.co.in